Case Note & Summary
The petitioner, Dr. Rita Sakharam Paravde, an in-service Medical Officer in the Maharashtra Medical and Health Services, filed a writ petition challenging the order of the Maharashtra Administrative Tribunal dated 22/8/2011 dismissing her Original Application No. 569 of 2011. The petitioner had passed MBBS in 1995, completed a Post Graduate Diploma in Obstetrics and Gynecology (DGO) in 2000, and also held an LL.B. degree and a Diploma in Hospital Management. She was appointed as Medical Officer in 2002. In December 2010, the Directorate of Health Services invited applications for Post Graduate Courses (MD/MS) for in-service candidates. The petitioner applied for MD (Gynecology) and appeared for the CET held on 6/2/2011, securing rank 103 in the DHS merit list and 108 in the DMER list. There were 57 seats for in-service candidates, with 6 seats for MD (Gynecology), of which 50% were reserved for diploma holders. The petitioner, being a DGO holder, was eligible for the reserved category. However, the respondents denied her admission citing a Government Resolution (G.R.) dated 3/5/2011 and the cut-off date of 1/7/2011 as per the Supreme Court's order in I.A. No. 3 of 2011 in W.P. (C) No. 197 of 2011. The Tribunal initially granted ad-interim relief on 6/7/2011 directing provisional admission, but later dismissed the OA on 22/8/2011. The High Court observed that the Tribunal's interim order could not be ignored and that the cut-off date was not applicable as the petitioner had been granted provisional admission pursuant to that order. The court also noted that the G.R. dated 3/5/2011 could not override the interim order. The petition was allowed, the Tribunal's order was quashed, and the respondents were directed to confirm the petitioner's admission to MD (Gynecology) for the academic year 2011-2012.
Headnote
A) Service Law - Medical Education - Admission to Post Graduate Course - Cut-off Date - Interim Relief - The petitioner, an in-service medical officer, sought admission to MD (Gynecology) after being selected through CET 2011. The Tribunal initially granted ad-interim relief directing provisional admission, but later dismissed the OA relying on a G.R. dated 3/5/2011 and the cut-off date of 1/7/2011. The High Court held that the interim order of the Tribunal could not be ignored and that the cut-off date was not a bar as the petitioner had been granted provisional admission pursuant to the interim order. The petition was allowed, and the respondents were directed to confirm the admission. (Paras 4-7)
Issue of Consideration
Whether the petitioner, an in-service medical officer, is entitled to admission to MD (Gynecology) for the academic year 2011-2012 despite the G.R. dated 3/5/2011 and the cut-off date of 1/7/2011, given that the Tribunal had granted interim relief directing provisional admission.
Final Decision
The High Court allowed the writ petition, quashed the order of the Maharashtra Administrative Tribunal dated 22/8/2011, and directed the respondents to confirm the petitioner's admission to MD (Gynecology) for the academic year 2011-2012.
Law Points
- Cut-off date for admission not applicable when interim relief granted
- G.R. dated 3/5/2011 cannot override interim order
- In-service candidate eligibility for PG course
